Florida Sale of a Controlled Substance Laws

Learn about the penalties for selling drugs in Florida.

Every state regulates the sale of controlled dangerous substances
(CDS), though each differs in its definition of CDS and the penalties
for their sale. Florida classifies not only well-known drugs like
marijuana, heroin and cocaine as controlled substances, but also the
compounds used to manufacture them.

Certain drugs, like codeine, may be legally possessed with a valid prescription.

How Florida Classifies CDS

Florida divides its CDS into five “schedules,” according to their likelihood for abuse.

Schedule I drugs (such as heroin) are those that have a high potential for abuse and have no accepted medical use.

Schedule
II drugs (such as opium and morphine) have a high potential for abuse,
have an accepted medical use with severe restrictions, and their abuse
has the potential for severe psychic and physical dependence.

Schedule
III drugs (such as anabolic steroids) have a potential for abuse less
than Schedule I or II drugs, have an accepted medical use, and their
abuse may lead to low or moderate physical dependence and high
psychological dependence.

Schedule IV drugs (such as diazepam)
have a lower potential for abuse than Schedule III drugs, have an
acceptable medical use, and their abuse may lead to limited
psychological and physical dependence in relation to Schedule III drugs.

Schedule
V drugs have the lowest potential for abuse relative to Schedule IV
CDS, have a currently accepted medical use, and have a limited risk of
physical or psychological dependence relative to Schedule IV CDS.
Schedule V drugs include medicines that contain very small amounts of
specified narcotic drugs.

This
article concerns the sale of CDS only. Separate punishments apply to
possession of CDS for personal use. For information about possession of
controlled substances for personal use, see Possession of a Controlled Substance in Florida.

Penalties for the Sale of CDS

The
punishment for selling CDS, possessing it with the intent to sell, or
delivering CDS depends on the type and amount of substance involved in
the offense. CDS crimes are punished as either felonies or misdemeanors.
Misdemeanors are punished less severely than felonies and receive
limited periods of incarceration and smaller fines.

To understand
the charges and penalties you might face, review the charging
document in your case (the complaint, information, or indictment) to see
which drugs, and how much, you are charged with attempting to sell or
selling. Then consult the Schedules and place the drugs in the
appropriate schedule. Read the sections below to understand the possible
consequences.

(Florida Criminal Code 893.13.)

Felony Sale of CDS

Florida
divides felonies into three degrees. Felony sale of the first degree is
the most serious and receives the harshest penalties.

Felony sale of the first degree

The sale or delivery of more than ten grams of any Schedule I CDS, other than the following substances, is a felony of the first degree, punishable by a period of incarceration of up to 30 years, a fine of $10,000, or both:

hallucinogens

1,4-Butanediol

gamma-butyrolactone (GBL)

gamma-hydroxybutyric acid (GHB)

methaqualone, and

mecloqualone.

Felony sale of the second degree

The
sale, delivery, or possession with the intent to sell or deliver, the
following substances is a felony of the second degree, punishable by a
prison sentence of up to 15 years, a fine of up to $10,000, or both:

Felony sale of the third degree

The
sale, delivery, or possession with the intent to sell or deliver the
following substances is a felony of the third degree, punishable by a
prison sentence of up to five years, a fine of $5,000, or both:

Misdemeanor Sale of CDS

The
sale of all Schedule V CDS is a misdemeanor in the first degree and is
punishable by a period of incarceration of up to one year, a fine of
$1,000, or both.

(Florida Criminal Code Sections 893.13, 775.082, and 775.083.)

Enhanced Penalties for the Sale of CDS Near Certain Properties

Florida imposes harsher penalties for the sale of CDS that occurs within 1,000 feet of the following properties:

secondary schools between the hours of 6:00 a.m. and midnight

state, county, or municipal parks or facilities

post-secondary facilities

places of worship

religious organization

assisted living facilities, and

public housing facilities.

Felony sale of CDS of the first degree

The
sale, delivery, or possession with the intent to sell or deliver, the
following substances within 1,000 feet of the above named properties, is
a felony of the first degree and punishable by a period of
incarceration of up to 30 years, a fine of up to $10,000, or both.

If a sale occurs in a location other than near
a daycare facility, a defendant convicted under this section must serve
a minimum of three calendar years.

Felony sale of CDS of the second degree

The sale, delivery, or possession with the intent to sell or deliver, the following substances within 1,000 feet of the above named properties, is
a felony of the second degree, and punishable by a period of
incarceration of up to 15 years, a fine of up to $10,000, or both:

Misdemeanor sale of CDS

The
sale of CDS within 1,000 feet of the above named properties, other than
the CDS listed above, is punishable by a fine of $500 and 100 hours of
public service. This penalty is in addition to the sentence for the
underlying crime.

This penalty does not apply when the owner of
the daycare facility fails to post a sign at least two square feet in
size that identifies the property as a licensed daycare center.

(Florida Criminal Code Sections 893.13, 775.083.)

Enhanced Penalties for Involving a Minor in a CDS Crime

The use of a minor in the sale of CDS, or the sale of CDS to a minor, by a defendant over the age of 18 is a felony.

Felony of the first degree.

The
sale of CDS to a minor, or the use of a minor to commit a CDS crime,
that involves the following substances is a felony of the first degree
and punishable by a period of incarceration of up to 30 years, a fine of
$10,000, or both. This sentence cannot be suspended or deferred, nor
can the convicted person be placed on probation.

Felony of the second degree.

The sale
of CDS to a minor, or the use of a minor to commit a CDS crime, that
involves the following substances is a felony of the second degree and
punishable by a period of incarceration of up to 15 years, a fine of up
to $10,000, or both. This sentence cannot be suspended or deferred and
the convicted person may not be placed on probation.

Habitual Offenders

Like most states, Florida imposes harsher penalties on defendants with multiple prior convictions.

Habitual felony offenders

A
defendant with two or more prior felony convictions in Florida, or
under any other law in the United States, faces an increased penalty for
subsequent convictions.

A conviction for a felony of the first-degree may be sentenced to a period of incarceration of up to life.

A conviction for a felony of the second degree may be sentenced to a period of incarceration of up to 30 years.

A conviction of a felony of a third degree may be sentenced to a period of incarceration of up to ten years.

Review the statute to determine whether your past convictions could result in an enhanced penalty.

(Florida Criminal Code Section 775.084.)

Misdemeanor felony offenders

A
defendant with four of more prior misdemeanor convictions may be
penalized in one of the following manners at the court’s discretion:

a period of six months to one year of incarceration

enrollment in a residential treatment program, or

home detention for a period of six months to 364 days.

(Florida Criminal Code Section 775.0837.)

Talk To An Attorney

If
you are convicted of selling CDS, you face serious penalties that have
life-long consequences. You should seek the help of an attorney who has
experience in defending CDS related crimes so that you understand the
offense you have been charged with, its penalties, and the possible
outcomes of your case.